SF 1447

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/26/2021 01:56pm

A bill for an act
relating to education; providing for teacher and classroom safety; requiring notice
to a paraprofessional of a student's history of violence; amending Minnesota
Statutes 2020, sections 121A.53, subdivision 2; 121A.61, subdivision 3; 121A.64;
proposing coding for new law in Minnesota Statutes, chapter 122A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 121A.53, subdivision 2, is amended to read:

Subd. 2.

Report.

(a) The school board must include state student identification numbers
of affected pupils on all dismissal and other disciplinary reports required by the department.
The department must report annually to the commissioner summary data on the number of
dismissals and physical assaults of district employees by a student by age, grade, gender,
race, and special education status of the affected pupils. All dismissal and other disciplinary
reports must be submitted through the department electronic reporting system.

(b) The commissioner must aggregate the district data reported under this section and
include the aggregated data, including aggregated data on physical assaults of a district
employee by a student, in the annual school performance reports under section 120B.36.

new text begin (c) A teacher that is physically assaulted by a student must receive a copy of the report
to the commissioner submitted according to subdivision 1.
new text end

Sec. 2.

Minnesota Statutes 2020, section 121A.61, subdivision 3, is amended to read:

Subd. 3.

Policy components.

The policy must include at least the following components:

(a) rules governing student conduct and procedures for informing students of the rules;

(b) the grounds for removal of a student from a class;

(c) the authority of the classroom teacher to remove students from the classroom pursuant
to procedures and rules established in the district's policy;

(d) the procedures for removal of a student from a class by a teacher, school administrator,
or other school district employee;

(e) the period of time for which a student may be removed from a class, which may not
exceed five class periods for a violation of a rule of conduct;

(f) provisions relating to the responsibility for and custody of a student removed from
a class;

(g) the procedures for return of a student to the specified class from which the student
has been removed;

(h) the procedures for notifying a student and the student's parents or guardian of
violations of the rules of conduct and of resulting disciplinary actions;

(i) any procedures determined appropriate for encouraging early involvement of parents
or guardians in attempts to improve a student's behavior;

(j) any procedures determined appropriate for encouraging early detection of behavioral
problems;

(k) any procedures determined appropriate for referring a student in need of special
education services to those services;

(l) the procedures for consideration of whether there is a need for a further assessment
or of whether there is a need for a review of the adequacy of a current individualized
education program of a student with a disability who is removed from class;

(m) procedures for detecting and addressing chemical abuse problems of a student while
on the school premises;

(n) the minimum consequences for violations of the code of conduct;

(o) procedures for immediate and appropriate interventions tied to violations of the code;

(p) a provision that states that a teacher, school employee, school bus driver, or other
agent of a district may use reasonable force in compliance with section 121A.582 and other
laws;

(q) an agreement regarding procedures to coordinate crisis services to the extent funds
are available with the county board responsible for implementing sections 245.487 to
245.4889 for students with a serious emotional disturbance or other students who have an
individualized education program whose behavior may be addressed by crisis intervention;
and

(r) a provision that states a student must be removed from class immediately if the student
engages in assault or violent behavior. For purposes of this paragraph, "assault" has the
meaning given it in section 609.02, subdivision 10. The removal shall be for a period of
time deemed appropriate by the principal, in consultation with the teacher. new text begin The principal
must remove the student from class for at least three school days following the day of the
incident. A student may only return to the class from which they were removed after the
student has been given assistance to prevent the inappropriate behavior from recurring. A
teacher who disagrees with the period of time determined by the principal may appeal the
principal's decision, in writing, to the superintendent or charter school director for a different
period of time for the removal from class. The student must not return to the classroom until
the teacher and principal receive notice of the superintendent's decision. The superintendent's
decision is final.
new text end

Sec. 3.

Minnesota Statutes 2020, section 121A.64, is amended to read:

121A.64 NOTIFICATION; TEACHERS' new text begin AND PARAPROFESSIONALS' new text end
LEGITIMATE EDUCATIONAL INTEREST.

(a) A classroom teacher has a legitimate educational interest in knowing which students
placed in the teacher's classroom have a history of violent behavior, including any
documented physical assault of a district employee by the student, and must be notified
before such students are placed in the teacher's classroom.

new text begin (b) A paraprofessional assigned to work alone or on a regular basis with a student with
a disability has a legitimate educational interest in knowing whether the student has a history
of violent behavior, including any documented physical assault of a district employee by
the student, and must be notified before being assigned to work with the student.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end Representatives of the school board and the exclusive representative of the teachers
shall discuss issues related to the model policy on student records adopted under Laws 1999,
chapter 241, article 9, section 50, and any modifications adopted under Laws 2003, First
Special Session chapter 9, for notifying classroom teachers and other school district
employees having a legitimate educational interest in knowing about students with a history
of violent behavior, including any documented physical assault of a district employee by
students placed in classrooms. The representatives of the school board and the exclusive
representative of the teachers also may discuss the need for intervention services or conflict
resolution or training for staff related to placing students with a history of violent behavior
in teachers' classrooms.

Sec. 4.

new text begin [122A.85] TEACHER AND CLASSROOM SAFETY CODED ELSEWHERE.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The sections referred to in subdivisions 2 to 5 are codified outside
this section. Those sections include many but not all the sections governing teacher and
classroom safety.
new text end

new text begin Subd. 2. new text end

new text begin Dismissal and disciplinary report to the commissioner. new text end

new text begin A teacher who was
physically assaulted by a student must receive a copy of the report to the commissioner
under section 121A.52.
new text end

new text begin Subd. 3. new text end

new text begin Discipline and removal of students from class. new text end

new text begin A student must be removed
from class immediately if the student engages in assault or violent behavior under section
121A.61.
new text end

new text begin Subd. 4. new text end

new text begin Teachers' and paraprofessionals' legitimate educational interest. new text end

new text begin (a) A
teacher has a legitimate educational interest in knowing which students placed in their
classroom have a history of violent behavior and must be notified before such students are
placed in their classroom under section 121A.64.
new text end

new text begin (b) A paraprofessional has a legitimate educational interest in knowing whether a student
with a disability that the paraprofessional works with alone or on a regular basis has a history
of violent behavior and must be notified before being assigned to work with the student
under section 121A.64.
new text end

new text begin Subd. 5. new text end

new text begin General control of school and classroom. new text end

new text begin A teacher of record must have the
general control and government of a school and classroom and a teacher may remove violent
or disruptive students from class as provided under section 122A.42.
new text end

new text begin Subd. 6. new text end

new text begin Notice of rights and responsibilities. new text end

new text begin At least once each school year, in the
form and manner determined by the charter school or school district, a teacher and
administrator must be informed of their rights and responsibilities under these statutes and
related school or district policies.
new text end